KANCHI VENKATESHAM Vs. JOINT COLLECTOR MEDAK DISTRICT

JUDGEMENT

(1.) The petitioner assails the cancellation of the assignment of land in his favour which was confirmed in appeal and thereafter in revision. He seeks a consequential direction to the respondents not to interfere with his possession over the assigned land.

(2.) The petitioner was assigned an extent of Acs.3.00 in Survey No.78/1 of Aurangabad Village, Medak Taluq, by the Government of Andhra Pradesh under proceedings dated 31.05.1978 of the Tahsildar, Medak Taluq, under the Laoni Rules contained in G.O.Ms.No.1406 dated 26.07.1958 read with G.O.Ms.No.1724 dated 26.08.1959. Survey No.78/1 corresponds to new Survey No.78/69. He was thereafter issued a pattadar pass book and title deeds in respect of the above land under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.

(3.) While so, the assignment in favour of the petitioner was cancelled by the then Mandal Revenue Officer, Medak, respondent 3, under proceedings dated 28.02.1994. The petitioner claims ignorance of this development. It is his case that no notice was issued to him prior to the cancellation of assignment in his favour and a copy of the said order was never served upon him. According to him, the officials of the Andhra Pradesh Housing Board (for brevity, 'the Board') tried to interfere with his possession over the assigned land constraining him to approach the Court of the Junior Civil Judge, Medak, by way of a suit, O.S.No.57 of 2002 seeking a permanent injunction. In the counter filed by the Board in his application for a temporary injunction in the said suit, it was disclosed that the assignment in favour of the petitioner had been cancelled. Claiming knowledge from this date, the petitioner filed an appeal before the Revenue Divisional Officer, Medak, under Section 4-A of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, 'the Act of 1977'). By order dated 11.03.2005, the appellate authority dismissed the appeal on the ground that the appeal was filed beyond time and was barred by limitation. Aggrieved thereby, the petitioner preferred a revision before the Joint Collector, Medak, under Section 4-B of the Act of 1977. By order dated 26.08.2006, the revisionary authority dismissed the revision confirming the cancellation of the assignment in favour of the petitioner and directing respondent 3 to cancel the pattadar pass book issued to the petitioner and to resume the subject land in favour of the Government. Hence, this writ petition.